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[House Report 113-707]
[From the U.S. Government Publishing Office]

113th Congress     }                                 {          Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                 {          113-707
======================================================================
 
                         CABIN FEE ACT OF 2014

                                _______
                                

 December 22, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5476]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resource, to whom was referred the 
bill (H.R. 5476) to modify the Forest Service Recreation 
Residence Program as the program applies to units of the 
National Forest System derived from the public domain by 
implementing a simple, equitable, and predictable procedure for 
determining cabin user fees, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Cabin Fee Act of 2014''.

SEC. 2. CABIN USER FEES.

  (a) In General.--The Secretary of Agriculture (referred to in this 
Act as the ``Secretary'') shall establish a fee in accordance with this 
section for the issuance of a special use permit for the use and 
occupancy of National Forest System land for recreational residence 
purposes.
  (b) Interim Fee.--During the period beginning on January 1, 2014, and 
ending on the last day of the calendar year during which the current 
appraisal cycle is completed under subsection (c), the Secretary shall 
assess an interim annual fee for recreational residences on National 
Forest System land that is an amount equal to the lesser of--
          (1) the fee determined under the Cabin User Fee Fairness Act 
        of 2000 (16 U.S.C. 6201 et seq.), subject to the requirement 
        that any increase over the fee assessed during the previous 
        year shall be limited to not more than 25 percent; or
          (2) $5,600.
  (c) Completion of Current Appraisal Cycle.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary shall 
complete the current appraisal cycle, including receipt of timely 
second appraisals, for recreational residences on National Forest 
System land in accordance with the Cabin User Fee Fairness Act of 2000 
(16 U.S.C. 6201 et seq.) (referred to in this Act as the ``current 
appraisal cycle'').
  (d) Lot Value.--Only appraisals conducted and approved by the 
Secretary in accordance with the Cabin User Fee Fairness Act of 2000 
(16 U.S.C. 6201 et seq.) during the current appraisal cycle shall be 
used to establish the base value assigned to the lot, subject to the 
adjustment in subsection (e). If a second appraisal--
          (1) was approved by the Secretary, the value established by 
        the second appraisal shall be the base value assigned to the 
        lot; or
          (2) was not approved by the Secretary, the value established 
        by the initial appraisal shall be the base value assigned to 
        the lot.
  (e) Adjustment.--On the date of completion of the current appraisal 
cycle, and before assessing a fee under subsection (f), the Secretary 
shall make a 1-time adjustment to the value of each appraised lot on 
which a recreational residence is located to reflect any change in 
value occurring after the date of the most recent appraisal for the 
lot, in accordance with the 4th quarter of 2012 National Association of 
Homebuilders/Wells Fargo Housing Opportunity Index.
  (f) Annual Fee.--
          (1) Base.--After the date on which appraised lot values have 
        been adjusted in accordance with subsection (e), the annual fee 
        assessed prospectively by the Secretary for recreational 
        residences on National Forest System land shall be in 
        accordance with the following tiered fee structure:

------------------------------------------------------------------------
                                     Approximate  Percent of      Fee
             Fee Tier                  Permits  Nationally       Amount
------------------------------------------------------------------------
Tier 1............................  6 percent................       $650
Tier 2............................  16 percent...............     $1,150
Tier 3............................   26 percent..............     $1,650
Tier 4............................   22 percent..............     $2,150
Tier 5............................   10 percent..............     $2,650
Tier 6............................  5 percent................     $3,150
Tier 7............................   5 percent...............     $3,650
Tier 8............................   3 percent...............     $4,150
Tier 9............................   3 percent...............     $4,650
Tier 10...........................   3 percent...............     $5,150
Tier 11...........................  1 percent................    $5,650.
------------------------------------------------------------------------

          (2) Inflation adjustment.--The Secretary shall increase or 
        decrease the annual fees set forth in the table under paragraph 
        (1) to reflect changes in the Implicit Price Deflator for the 
        Gross Domestic Product published by the Bureau of Economic 
        Analysis of the Department of Commerce, applied on a 5-year 
        rolling average.
          (3) Access and occupancy adjustment.--
                  (A) In general.--The Secretary shall by regulation 
                establish criteria pursuant to which the annual fee 
                determined in accordance with this section may be 
                suspended or reduced temporarily if access to, or the 
                occupancy of, the recreational residence is 
                significantly restricted.
                  (B) Appeal.--The Secretary shall by regulation grant 
                the cabin owner the right of an administrative appeal 
                of the determination made in accordance with 
                subparagraph (A) whether to suspend or reduce 
                temporarily the annual fee.
  (g) Periodic Review.--
          (1) In general.--Beginning on the date that is 10 years after 
        the date of the enactment of this Act, the Secretary shall 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report that--
                  (A) analyzes the annual fees set forth in the table 
                under subsection (f) to ensure that the fees reflect 
                fair value for the use of the land for recreational 
                residence purposes, taking into account all use 
                limitations and restrictions (including any limitations 
                and restrictions imposed by the Secretary); and
                  (B) includes any recommendations of the Secretary 
                with respect to modifying the fee system.
          (2) Limitation.--The use of appraisals shall not be required 
        for any modifications to the fee system based on the 
        recommendations under paragraph (1)(B).

SEC. 3. CABIN TRANSFER FEES.

  (a) In General.--The Secretary shall establish a fee in the amount of 
$1,200 for the issuance of a new recreational residence permit due to a 
change of ownership of the recreational residence.
  (b) Adjustments.--The Secretary shall annually increase or decrease 
the transfer fee established under subsection (a) to reflect changes in 
the Implicit Price Deflator for the Gross Domestic Product published by 
the Bureau of Economic Analysis of the Department of Commerce, applied 
on a 5-year rolling average.

SEC. 4. EFFECT.

  (a) In General.--Nothing in this Act limits or restricts any right, 
title, or interest of the United States in or to any land or resource 
in the National Forest System.
  (b) Alaska.--The Secretary shall not establish or impose a fee or 
condition under this Act for permits in the State of Alaska that is 
inconsistent with section 1303(d) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3193(d)).

SEC. 5. RETENTION OF FEES.

  (a) In General.--Beginning 10 years after the date of the enactment 
of this Act, the Secretary may retain, and expend, for the purposes 
described in subsection (b), any fees collected under this Act without 
further appropriation.
  (b) Use.--Amounts made available under subsection (a) shall be used 
to administer the recreational residence program and other recreation 
programs carried out on National Forest System land.

SEC. 6. REPEAL OF CABIN USER FEE FAIRNESS ACT OF 2000.

  Effective on the date of the assessment of annual permit fees in 
accordance with section 2(f) (as certified to Congress by the 
Secretary), the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et 
seq.) is repealed.

                          Purpose of the Bill

    The purpose of H.R. 5476 is to modify the Forest Service 
Recreation Residence Program as the program applies to units of 
the National Forest System derived from the public domain by 
implementing a simple, equitable, and predictable procedure for 
determining cabin user fees.

                  Background and Need for Legislation

    The Cabin Fee Act of 2014 would establish a simple, 
predictable fee-setting system under which owners of private 
recreational cabins on U.S. Forest Service-owned lots are 
assigned a place on a six-tiered fee structure based on a 
current appraisal of the occupied land. Future fee increases 
would be tied to inflation, eliminating the Forest Service's 
costly administrative burden of constant appraisals and 
appeals.
    H.R. 5476 is similar to cabin fee legislation previously 
reported by the Natural Resources Committee but includes a new 
fee schedule that is needed to achieve a revenue neutral score. 
Earlier versions gave stability and predictability to cabin 
owners but their Congressional Budget Office (CBO) scores 
prevented the bills from advancing. The fee schedule in H.R. 
5476 is designed to make the bill revenue neutral over the 1, 5 
and 10 year budget windows.
    Fourteen thousand American families own cabins on land in 
our National Forests but unless Congress acts to bring about a 
course correction, many thousands of these people will be 
forced to abandon family heirloom cabins as the currently 
required fee hikes go into effect. This bill provides a 
legislative solution that can head off that impending tragedy. 
The bill seeks to be balanced and fair to both the cabin owners 
and the Treasury, and the fees are intended to result in a 
revenue neutral CBO score.
    Many private cabins on Forest Service land are simple, 
rustic structures hand-built by the grandparents of the current 
owners early in the last century and passed down from 
generation to generation. The overwhelming majority of the 
cabins are modest family retreats. The purpose of this bill is 
to keep the fees affordable for American families. The cabin 
owners affected by this bill are charged an annual fee for use 
of the land on which their cabin sits. They do not get any 
ownership rights to the land. They have only a temporary and 
highly restricted use-permit for, basically, the footprint of 
their cabin.
    Because a temporary, limited use-permit is not comparable 
to the rights acquired when someone owns property in fee 
simple, it has proven impossible under current law to establish 
a fair process for setting the fees charged the cabin owners. 
The current system has resulted in unrealistic, arbitrary fee 
hikes that are completely unaffordable for average families. 
For example, the Seattle Times reported recently that cabin 
owners in Lake Wenatchee received notice that their fees will 
increase more than one thousand percent, from $1,400 to more 
than $17,000. Skyrocketing fees also make these part-time homes 
unmarketable, leaving families who are unable to pay the high 
fee, also unable to sell their cabins. Unless Congress acts to 
establish a realistic pricing structure, families across the 
nation may be forced to tear down their cabins because they can 
neither afford the fees themselves nor find a buyer for their 
cabin.
    The Cabin Fee Act of 2014 will establish a simple, 
predictable fee-setting system based on a tiered structure. And 
because future fee increases will be tied to inflation, it will 
eliminate the Forest Service's costly administrative burden of 
constant appraisals and appeals.

                            Committee Action

    H.R. 5476 was introduced on September 16, 2014, by 
Congressman Doc Hastings (R-WA). The bill was referred to the 
Committee on Natural Resources and on September 18, 2014, the 
Committee met to consider the bill. Congressman Hastings 
offered an amendment designated .045 to the bill; the amendment 
was adopted by unanimous consent. The bill, as amended, was 
then adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 5476--Cabin Fee Act of 2014

    Summary: H.R. 5476 would establish a new schedule for the 
fees paid to the federal government by individuals who own 
cabins located on Forest Service lands. The bill also would 
establish a fee that would be assessed on individuals who 
transfer ownership of their cabins. Based on information 
provided by the Forest Service, CBO estimates that enacting the 
legislation would reduce net direct spending by $1 million over 
the 2015-2024 period; therefore, pay-as-you-go procedures 
apply. Enacting H.R. 5476 would not affect revenues.
    H.R. 5476 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 5476 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2015    2016    2017    2018    2019    2020    2021    2022    2023    2024   2015-2019  2015-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING
Reduction in Cabin Fees:
    Estimated Budget Authority\a\.................       6       2      -1       *       *       *       *       *      -1      -1         7          4
    Estimated Outlays.............................       6       2      -1       *       *       *       *       *      -1      -1         7          4
Cabin Transfer Fee:
    Estimated Budget Authority....................       *       *       *      -1      -1      -1      -1      -1      -1      -1        -2         -5
    Estimated Outlays.............................       *       *       *      -1      -1      -1      -1      -1      -1      -1        -2         -5
    Total Changes:
        Estimated Budget Authority................       6       2      -1      -1      -1      -1      -1      -1      -1      -1         4         -1
        Estimated Outlays.........................       6       2      -1      -1      -1      -1      -1      -1      -1      -1         4         -1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Amounts may not sum to totals because of rounding; between -$500,000 and $500,000.
a. Because the fees already paid by some cabin owners for 2014 would exceed the amounts that would be owed in that year under the bill, CBO expects that
  the Forest Service would provide refunds to those cabin owners in 2015.

    Basis of Estimate: For this estimate, CBO assumes that the 
legislation will be enacted at the end of 2014.
    CBO estimates that enacting H.R. 5476 would reduce net 
direct spending by $1 million over the 2015-2024 period. Over 
that period, fees collected from cabin owners by the Forest 
Service would total $4 million less than what would be 
collected under current law (such losses would be reflected in 
the budget as an increase in direct spending). In addition, 
proceeds from the cabin transfer fee required under H.R. 5476 
would increase receipts (thus reducing direct spending) by $5 
million over that period.

Reduction in cabin fees

    H.R. 5476 would establish a new schedule for fees assessed 
on cabins located on Forest Service lands. Under current law, 
owners of the roughly 14,000 affected cabins pay an annual fee 
to the federal government equal to 5 percent of the appraised 
value of the occupied land. Fee collections from those cabins 
totaled roughly $30 million in 2014 and CBO estimates that 
those collections will increase, under current law, to about 
$35 million by 2024. Collections will increase over that period 
as the agency completes appraisals of the affected Forest 
Service lands, implements new fees based on those appraisals, 
and annually adjusts fees on all cabins to account for 
inflation.
    Because H.R. 5476 would cap annual cabin fees at $5,650 and 
prevent scheduled increases from being implemented as they 
would be under current law, CBO estimates that enacting the 
bill would lower annual receipts by an average of about $90 per 
cabin over the 2015-2024 period. However, because of the 
reduction in fees CBO expects that fewer cabins would be 
abandoned under the bill than under current law, partially 
offsetting the reduction in the fee paid per cabin. On net, we 
estimate that enacting the new cabin fees required under H.R. 
5476 would reduce offsetting receipts (and thus increase direct 
spending) by $4 million over the 2015-2024 period.

Cabin transfer fees

    H.R. 5476 would require the Forest Service to collect a fee 
of $1,200 from cabin owners who transfer ownership of their 
cabins. That fee would be adjusted annually to account for 
inflation. CBO estimates that enacting this provision would 
increase offsetting receipts, which are treated as reductions 
in direct spending, by $5 million over the 2015-2024 period, 
based on information provided by the Forest Service indicating 
that about 400 permits will be issued to new owners each year.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

        CBO ESTIMATE OF PAY-AS-YOU-GO-EFFECTS FOR H.R. 5476 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON SEPTEMBER 19, 2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2015   2016   2017   2018   2019   2020   2021   2022   2023   2024  2015-2019  2015-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact..............................      6      2     -1     -1     -1     -1     -1     -1     -1     -1         4         -1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 5476 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Previous CBO estimates: On April 5, 2013, CBO transmitted a 
cost estimate for H.R. 1159, the Cabin Fee Act of 2013, as 
ordered reported by the House Committee on Natural Resources on 
March 20, 2013. H.R. 5476 would establish a higher cap on fees 
paid by each cabin owner, cap the amount that cabin fees could 
be increased each year through 2016, adjust the cabin transfer 
fee for inflation, and make the cabin transfer fee apply in all 
cases where ownership of a cabin is transferred.
    On March 5, 2014, CBO transmitted a cost estimate for S. 
1341, the Cabin Fee Act of 2013, as ordered reported by the 
Senate Committee on Energy and Natural Resources on December 
19, 2013. H.R. 5476 would establish a higher cap on fees paid 
by each cabin owner and cap the amount that cabin fees could be 
increased each year through 2016.
    On September 12, 2014, CBO transmitted a cost estimate for 
H.R. 4873, the Cabin Fee Act of 2014, as ordered reported by 
the House Committee on Natural Resources on June 19, 2014. H.R. 
5476 would establish a higher cap on fees paid by each cabin 
owner.
    Those differences are reflected in the cost estimates for 
H.R. 5476 and the three earlier bills.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Jon Sperl; Impact on the 
Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information provided by 
the Forest Service, CBO estimates that enacting the legislation 
would reduce net direct spending by $1 million over the 2015-
2024 period.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to modify the Forest Service 
Recreation Residence Program as the program applies to units of 
the National Forest System derived from the public domain by 
implementing a simple, equitable, and predictable procedure for 
determining cabin user fees.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman estimates that this bill 
directs the Secretary of Agriculture to conduct two 
rulemakings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets):

                  CABIN USER FEE FAIRNESS ACT OF 2000

 [TITLE VI--USER FEES UNDER FOREST SYSTEM RECREATION RESIDENCE PROGRAM

[SEC. 601. SHORT TITLE.

  [This title may be cited as the ``Cabin User Fee Fairness Act 
of 2000''.

[SEC. 602. FINDINGS.

   [Congress finds that--
          [(1) cabins located on forest land have provided a 
        unique recreation experience to a large number of cabin 
        owners, their families, and guests each year since 
        Congress authorized the recreation residence program in 
        1915; and
          [(2) the fact that current appraisal procedures have, 
        in certain circumstances, been inconsistently applied 
        in determining fair market values for residential lots 
        demonstrates that problems exist in accurately 
        reflecting market values.

[SEC. 603. PURPOSES.

   [The purposes of this title are--
          [(1) to ensure, to the maximum extent practicable, 
        that the National Forest System recreation residence 
        program is managed to preserve the opportunity for 
        individual and family-oriented recreation; and
          [(2) to develop and implement a more consistent 
        procedure for determining cabin user fees, taking into 
        consideration the limitations of an authorization and 
        other relevant market factors.

[SEC. 604. DEFINITIONS.

   [In this title:
          [(1) Agency.--The term ``agency'' means the Forest 
        Service.
          [(2) Authorization.--The term ``authorization'' means 
        a special use permit for the use and occupancy of 
        National Forest System land by a cabin owner under the 
        authority of the program.
          [(3) Base cabin user fee.--The term ``base cabin user 
        fee'' means the fee for an authorization that results 
        from the appraisal of a lot as determined in accordance 
        with sections 606 and 607.
          [(4) Cabin.--The term ``cabin'' means a privately 
        built and owned recreation residence that is authorized 
        for use and occupancy on National Forest System land.
          [(5) Cabin owner.--The term ``cabin owner'' means--
                  [(A) a person authorized by the agency to use 
                and to occupy a cabin on National Forest System 
                land; and
                  [(B) an heir or assign of such a person.
          [(6) Cabin user fee.--The term ``cabin user fee'' 
        means a special use fee paid annually by a cabin owner 
        to the Secretary in accordance with this title.
          [(7) Caretaker cabin.--The term ``caretaker cabin'' 
        means a caretaker residence occupied in limited cases 
        in which caretaker services are necessary to maintain 
        the security of a tract.
          [(8) Current cabin user fee.--The term ``current 
        cabin user fee'' means the most recent cabin user fee 
        that results from an annual adjustment to the base 
        cabin user fee in accordance with section 608.
          [(9) Lot.--The term ``lot'' means a parcel of land in 
        the National Forest System--
                  [(A) on which a cabin owner is authorized to 
                build, use, occupy, and maintain a cabin and 
                related improvements; and
                  [(B) that is considered to be in its natural, 
                native state at the time at which a use of the 
                lot described in subparagraph (A) is first 
                permitted by the Secretary.
          [(10) Natural, native state.--The term ``natural, 
        native state'' means the condition of a lot or site, 
        free of any improvements, at the time at which the lot 
        or site is first authorized for recreation residence 
        use by the agency.
          [(11) Program.--The term ``program'' means the 
        recreation residence program established under the 
        authority of the last paragraph under the heading 
        ``forest service'' in the Act of March 4, 1915 (38 
        Stat. 1101, chapter 144; 16 U.S.C. 497).
          [(12) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture, acting through the Chief of 
        the Forest Service.
          [(13) Tract.--The term ``tract'' means an established 
        location within a National Forest containing 1 or more 
        cabins authorized in accordance with the program.
          [(14) Tract association.--The term ``tract 
        association'' means a cabin owner association in which 
        all cabin owners within a tract are eligible for 
        membership.
          [(15) Typical lot.--The term ``typical lot'' means a 
        cabin lot, or a group of cabin lots, in a tract that is 
        selected for use in an appraisal as being 
        representative of, and that has similar value 
        characteristics as, other lots or groups of lots within 
        the tract.

[SEC. 605. ADMINISTRATION OF RECREATION RESIDENCE PROGRAM.

   [The Secretary shall ensure, to the maximum extent 
practicable, that the basis and procedure for calculating cabin 
user fees results in a fee for an authorization that reflects, 
in accordance with this title--
          [(1) the market value of a lot; and
          [(2) regional and local economic influences.

[SEC. 606. APPRAISALS.

  [(a) Requirements for Conducting Appraisals.--In implementing 
and conducting an appraisal process for determining cabin user 
fees, the Secretary shall--
          [(1) complete an inventory of improvements that were 
        paid for by--
                  [(A) the agency;
                  [(B) third parties; or
                  [(C) cabin owners (or predecessors of cabin 
                owners),
        during the completion of which the Secretary shall 
        presume that a cabin owner, or a predecessor of the 
        owner, has paid for the capital costs of any utility, 
        access, or facility serving the lot being appraised, 
        unless the Forest Service produces evidence that the 
        agency or a third party has paid for the capital costs;
          [(2) establish an appraisal process to determine the 
        market value of the fee simple estate of a typical lot 
        or lots considered to be in a natural, native state, 
        subject to subsection (b)(4)(A);
          [(3) enter into a contract with an appropriate 
        professional appraisal organization to manage the 
        development of specific appraisal guidelines in 
        accordance with subsection (b), subject to public 
        comment and congressional review;
          [(4) require that an appraisal be performed by a 
        State-certified general real estate appraiser, selected 
        by the Secretary and licensed to practice in the State 
        in which the lot is located;
          [(5) provide the appraiser with appraisal guidelines 
        developed in accordance with this title;
          [(6) notwithstanding any other provision of law, 
        require the appraiser to coordinate the appraisal 
        closely with affected parties by seeking information, 
        cooperation, and advice from cabin owners and tract 
        associations;
          [(7) require that the appraiser perform the appraisal 
        in compliance with--
                  [(A) the most current edition of the Uniform 
                Standards of Professional Appraisal Practice in 
                effect on the date of the appraisal;
                  [(B) the most current edition of the Uniform 
                Appraisal Standards for Federal Land 
                Acquisitions that is in effect on the date of 
                the appraisal; and
                  [(C) the specific appraisal guidelines 
                developed in accordance with this title;
          [(8) require that the appraisal report--
                  [(A) be a full narrative report, in 
                compliance with the reporting standards of the 
                Uniform Standards of Professional Appraisal 
                Practice; and
                  [(B) comply with the reporting guidelines 
                established by the Uniform Appraisal Standards 
                for Federal Land Acquisitions; and
          [(9) before accepting any appraisal, conduct a review 
        of the appraisal to ensure that the guidelines made 
        available to the appraiser have been followed and that 
        the appraised values are properly supported.
  [(b) Specific Appraisal Guidelines.--In the development of 
specific appraisal guidelines in accordance with subsection 
(a)(3), the instructions to an appraiser shall require, at a 
minimum, the following:
          [(1) Appraisal of a typical lot.--
                  [(A) In general.--In conducting an appraisal 
                under this section, the appraiser--
                          [(i) shall not appraise each 
                        individual lot;
                          [(ii) shall appraise a typical lot or 
                        lots, selected by the cabin owners and 
                        the agency in a manner consistent with 
                        the policy of the program; and
                          [(iii) shall be provided, and give 
                        appropriate consideration to, any 
                        information contained in the inventory 
                        of improvements relating to the lot 
                        being appraised.
                  [(B) Estimate of market value of typical 
                lot.--
                          [(i) In general.--The appraiser shall 
                        estimate the market value of a typical 
                        lot in accordance with this title.
                          [(ii) Equivalence to legally 
                        subdivided lot.--In selecting a 
                        comparable sale under this title, the 
                        appraiser shall recognize that the 
                        typical lot will not usually be 
                        equivalent to a legally subdivided lot.
          [(2) Exception for certain sales of land.--In 
        conducting an appraisal under this title, the 
        appraiser--
                  [(A) shall not select sales of comparable 
                land that are sales of land within developed 
                urban areas; and
                  [(B) should not, in most circumstances, 
                select a sale of comparable land that includes 
                land that is encumbered by a conservation or 
                recreational easement that is held by a 
                government or institution, except land that is 
                limited to use as a site for 1 home.
          [(3) Adjustments for typical value influences.--
                  [(A) In general.--The appraiser shall 
                consider, and adjust as appropriate, the price 
                of sales of comparable land for all typical 
                value influences described in subparagraph (B).
                  [(B) Value influences.--The typical value 
                influences referred to in subparagraph (A) 
                include--
                          [(i) differences in the locations of 
                        the parcels;
                          [(ii) accessibility, including 
                        limitations on access attributable to--
                                  [(I) weather;
                                  [(II) the condition of roads 
                                or trails;
                                  [(III) restrictions imposed 
                                by the agency; or
                                  [(IV) other factors;
                          [(iii) the presence of marketable 
                        timber;
                          [(iv) limitations on, or the absence 
                        of, services such as law enforcement, 
                        fire control, road maintenance, or snow 
                        plowing;
                          [(v) the condition and regulatory 
                        compliance of any site improvements; 
                        and
                          [(vi) any other typical value 
                        influences described in standard 
                        appraisal literature.
          [(4) Adjustments to sales of comparable parcels.--
                  [(A) Utilities, access, or facilities.--
                          [(i) Agency.--Utilities, access, or 
                        facilities serving a lot that are 
                        provided by the agency shall be 
                        included as features of the lot being 
                        appraised.
                          [(ii) Cabin owners.--Utilities, 
                        access, or facilities serving a lot 
                        that are provided by the cabin owner 
                        (or a predecessor of the cabin owner) 
                        shall not be included as a feature of 
                        the lot being appraised.
                          [(iii) Third parties.--Utilities, 
                        access, or facilities serving a lot 
                        that are provided by a third party 
                        shall not be included as a feature of 
                        the lot being appraised unless, in 
                        accordance with subsection (a)(1), the 
                        agency determines that the capital 
                        costs have not been or are not being 
                        paid by the cabin owner (or a 
                        predecessor of the cabin owner).
                          [(iv) Withdrawal of utility or access 
                        by agency.--If, during the term of an 
                        authorization, the agency or an act of 
                        God creates a substantial and 
                        materially adverse change in--
                                  [(I) the provision or 
                                maintenance of any utility or 
                                access; or
                                  [(II) a qualitative feature 
                                of the lot or immediate 
                                surroundings,
                        the cabin owner shall have the right to 
                        request, and, at the discretion of the 
                        Secretary, obtain a new determination 
                        of the base cabin user fee at the 
                        expense of the agency.
                  [(B) Adjustment for exclusion.--In a case in 
                which any comparable sale includes utilities, 
                access, or facilities that are to be excluded 
                in the appraisal of the subject lot, the price 
                of the comparable sale shall be adjusted, as 
                appropriate.
                  [(C) Adjustment process.--
                          [(i) In general.--The appraiser shall 
                        consider and adjust, as appropriate, 
                        the price of each sale of a comparable 
                        parcel for all nonnatural features 
                        referred to in subparagraph (A)(ii) 
                        that--
                                  [(I)(aa) are present at, or 
                                add value to, the comparable 
                                parcel; but
                                  [(bb) are not present at the 
                                lot being appraised; or
                                  [(II) are not included in the 
                                appraisal as described in 
                                subparagraph (A).
                          [(ii) Adjustments.--
                                  [(I) In general.--In a case 
                                in which the price of a parcel 
                                sold is to be adjusted in 
                                accordance with subparagraph 
                                (B), the adjustment may be 
                                based on an analysis of market 
                                or cost information or both.
                                  [(II) Cost information.--If 
                                cost information is used as the 
                                basis of an adjustment under 
                                subclause (I), the cost 
                                information shall be supported 
                                by direct market evidence.
                          [(iii) Analysis of cost 
                        information.--An analysis of cost 
                        information under clause (ii)(I) should 
                        include allowances, as appropriate, if 
                        the allowances are consistent with--
                                  [(I) the Uniform Standards of 
                                Professional Appraisal Practice 
                                in effect on the date of the 
                                analysis; and
                                  [(II) the Uniform Appraisal 
                                Standards for Federal Land 
                                Acquisition.
                  [(D) Reappraisal for and recalculation of 
                base cabin user fee.--Periodically, but not 
                less often than once every 10 years, the 
                Secretary shall recalculate the base cabin user 
                fee (including conducting any reappraisal 
                required to recalculate the base cabin user 
                fee).

[SEC. 607. CABIN USER FEES.

  [(a) In General.--The Secretary shall establish the cabin 
user fee as the amount that is equal to 5 percent of the market 
value of the lot, as determined in accordance with section 606, 
reflecting an adjustment to the typical market rate of return 
due to restrictions imposed by the permit, including--
          [(1) the limited term of the authorization;
          [(2) the absence of significant property rights 
        normally attached to fee simple ownership; and
          [(3) the public right of access to, and use of, any 
        open portion of the lot on which the cabin or other 
        enclosed improvements are not located.
  [(b) Fee for Caretaker Cabin.--The base cabin user fee for a 
lot on which a caretaker cabin is located shall not be greater 
than the base cabin user fee charged for the authorized use of 
a similar typical lot in the tract.
  [(c) Annual Cabin User Fee in the Event of Determination Not 
To Reissue Authorization.--If the Secretary determines that an 
authorization should not be reissued at the end of a term, the 
Secretary shall--
          [(1) establish as the new base cabin user fee for the 
        remaining term of the authorization the amount charged 
        as the cabin user fee in the year that was 10 years 
        before the year in which the authorization expires; and
          [(2) calculate the current cabin user fee for each of 
        the remaining 9 years of the term of the authorization 
        by multiplying--
                  [(A) \1/10\ of the new base cabin user fee; 
                by
                  [(B) the number of years remaining in the 
                term of the authorization after the year for 
                which the cabin user fee is being calculated.
  [(d) Annual Cabin User Fee in Event of Changed Conditions.--
If a review of a decision to convert a lot to an alternative 
public use indicates that the continuation of the authorization 
for use and occupancy of the cabin by the cabin owner is 
warranted, and the decision is subsequently reversed, the 
Secretary may require the cabin owner to pay any portion of 
annual cabin user fees that were forgone as a result of the 
expectation of termination of use and occupancy of the cabin by 
the cabin owner.
  [(e) Termination of Fee Obligation in Loss Resulting From 
Acts of God or Catastrophic Events.--On a determination by the 
agency that, because of an act of God or a catastrophic event, 
a lot cannot be safely occupied and the authorization for the 
lot should accordingly be terminated, the fee obligation of the 
cabin owner shall terminate effective on the date of the 
occurrence of the act or event.

[SEC. 608. ANNUAL ADJUSTMENT OF CABIN USER FEE.

  [(a) In General.--The Secretary shall adjust the cabin user 
fee annually, using a rolling 5-year average of a published 
price index in accordance with subsection (b) or (c) that 
reports changes in rural or similar land values in the State, 
county, or market area in which the lot is located.
  [(b) Initial Index.--
          [(1) In general.--For the period of 10 years 
        beginning on the date of enactment of this title, the 
        Secretary shall use changes in agricultural land prices 
        in the appropriate State or county, as reported in the 
        Index of Agricultural Land Prices published by the 
        Department of Agriculture, to determine the annual 
        adjustment to the cabin user fee in accordance with 
        subsections (a) and (d).
          [(2) Statewide changes.--In determining the annual 
        adjustment to the cabin user fee for an authorization 
        located in a county in which agricultural land prices 
        are influenced by the criteria described in section 
        606(b)(2), the Secretary shall use average statewide 
        changes in the State in which the lot is located.
  [(c) New Index.--
          [(1) In general.--Not later than 10 years after the 
        date of enactment of this title, the Secretary may 
        select and use an index other than the method of 
        adjustment of a cabin user fee described in subsection 
        (b)(2) to adjust a cabin user fee if the Secretary 
        determines that a different index better reflects 
        change in the value of a lot over time.
          [(2) Selection process.--Before selecting a new 
        index, the Secretary shall--
                  [(A) solicit and consider comments from the 
                public; and
                  [(B) not later than 60 days before the date 
                on which the Secretary makes a final index 
                selection, submit any proposed selection of a 
                new index to--
                          [(i) the Committee on Resources of 
                        the House of Representatives; and
                          [(ii) the Committee on Agriculture, 
                        Nutrition, and Forestry of the Senate.
  [(d) Limitation.--In calculating an annual adjustment to the 
base cabin user fee as determined by the initial index 
described in section (b), the Secretary shall--
          [(1) limit any annual fee adjustment to an amount 
        that is not more than 5 percent per year when the 
        change in agricultural land values exceeds 5 percent in 
        any 1 year; and
          [(2) apply the amount of any adjustment that exceeds 
        5 percent to the annual fee payment for the next year 
        in which the change in the index factor is less than 5 
        percent.

[SEC. 609. PAYMENT OF CABIN USER FEES.

  [(a) Due Date for Payment of Fees.--A cabin user fee shall be 
prepaid annually by the cabin owner.
  [(b) Payment of Equal or Lesser Fee.--If, in accordance with 
section 607, the Secretary determines that the amount of a new 
base cabin user fee is equal to or less than the amount of the 
current base cabin user fee, the Secretary shall require 
payment of the new base cabin user fee by the cabin owner in 
accordance with subsection (a).
  [(c) Payment of Greater Fee.--If, in accordance with section 
607, the Secretary determines that the amount of a new base 
cabin user fee is greater than the amount of the current base 
cabin user fee, the Secretary shall--
          [(1) require full payment of the new base cabin user 
        fee in the first year following completion of the fee 
        determination procedure if the increase in the amount 
        of the new base cabin user fee is not more than 100 
        percent of the current base cabin user fee; or
          [(2) phase in the increase over the current base 
        cabin user fee in approximately equal increments over 3 
        years if the increase in the amount of the new base 
        cabin user fee is more than 100 percent of the current 
        base cabin user fee.

[SEC. 610. RIGHT OF SECOND APPRAISAL.

  [(a) Right of Second Appraisal.--On receipt of notice from 
the Secretary of the determination of a new base cabin user 
fee, the cabin owner--
          [(1) not later than 60 days after the date on which 
        the notice is received, may notify the Secretary of the 
        intent of the cabin owner to obtain a second appraisal; 
        and
          [(2) may obtain, within 1 year following the date of 
        receipt of the notice under this subsection, at the 
        expense of the cabin owner, a second appraisal of the 
        typical lot on which the initial appraisal was 
        conducted.
  [(b) Conduct of Second Appraisal.--In conducting a second 
appraisal, the appraiser selected by the cabin owner shall--
          [(1) have qualifications equivalent to the appraiser 
        that conducted the initial appraisal in accordance with 
        section 606(a)(4);
          [(2) use the appraisal guidelines used in the initial 
        appraisal in accordance with section 606(a)(5);
          [(3) consider all relevant factors in accordance with 
        this title (including guidelines developed under 
        section 606(a)(3)); and
          [(4) notify the Secretary of any material differences 
        of fact or opinion between the initial appraisal 
        conducted by the agency and the second appraisal.
  [(c) Request for Reconsideration of Base Cabin User Fee.--A 
cabin owner shall submit to the Secretary any request for 
reconsideration of the base cabin user fee, based on the 
results of the second appraisal, not later than 60 days after 
the receipt of the report for the second appraisal.
  [(d) Reconsideration of Base Cabin User Fee.--On receipt of a 
request from the cabin owner under subsection (c) for 
reconsideration of a base cabin user fee, not later than 60 
days after the date of receipt of the request, the Secretary 
shall--
          [(1) review the initial appraisal of the agency;
          [(2) review the results and commentary from the 
        second appraisal;
          [(3) determine a new base cabin user fee in an amount 
        that is--
                  [(A) equal to the base cabin user fee 
                determined by the initial or the second 
                appraisal; or
                  [(B) within the range of values, if any, 
                between the initial and second appraisals; and
          [(4) notify the cabin owner of the amount of the new 
        base cabin user fee.

[SEC. 611. RIGHT OF APPEAL AND JUDICIAL REVIEW.

  [(a) Right of Appeal.--Notwithstanding any action of a cabin 
owner to exercise rights in accordance with section 610, the 
Secretary shall by regulation grant the cabin owner the right 
to an administrative appeal of the determination of a new base 
cabin user fee.
  [(b) Judicial Review.--A cabin owner that is adversely 
affected by a final decision of the Secretary under this title 
may bring a civil action in United States district court.

[SEC. 612. CONSISTENCY WITH OTHER LAW AND RIGHTS.

  [(a) Consistency With Rights of the United States.--Nothing 
in this title limits or restricts any right, title, or interest 
of the United States in or to any land or resource.
  [(b) Special Rule for Alaska.--In determining a cabin user 
fee in the State of Alaska, the Secretary shall not establish 
or impose a cabin user fee or a condition affecting a cabin 
user fee that is inconsistent with 1303(d) of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3193(d)).

[SEC. 613. REGULATIONS.

  [Not later than 2 years after the date of enactment of this 
title, the Secretary shall promulgate regulations to carry out 
this title.

[SEC. 614. TRANSITION PROVISIONS.

  [(a) Assessment of Annual Fees.--For the period of time 
determined under subsection (b), the Secretary shall charge 
each cabin owner an annual fee as follows:
          [(1) Lots not appraised since september 30, 1995.--
        For a lot that has not been appraised since September 
        30, 1995, the annual fee shall be equal to the amount 
        of the annual fee in effect on the date of enactment of 
        this title, adjusted annually to reflect changes in the 
        Implicit Price Deflator-Gross National Product Index.
          [(2) Lots appraised on or after september 30, 1995.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), for a lot that has been 
                appraised on or after September 30, 1995, the 
                annual fee shall be equal to the amount of the 
                fee in effect on the date of enactment of this 
                title, adjusted annually to reflect changes in 
                the Implicit Price Deflator-Gross National 
                Product Index.
                  [(B) Appraisals resulting in base fee 
                increase.--
                          [(i) In general.--Except as provided 
                        in clause (ii), for a lot that has been 
                        appraised on or after September 30, 
                        1995, for which the appraisal resulted 
                        in an increase of the base fee by an 
                        amount greater than $3,000, the annual 
                        fee shall be equal to the sum of $3,000 
                        plus the amount of the annual fee in 
                        effect on October 1, 1996, adjusted 
                        annually to reflect the percentage 
                        change in the Implicit Price Deflator-
                        Gross National Product Index.
                          [(ii) Fees paid after request of new 
                        appraisal or peer review.--If--
                                  [(I) the cabin owner of a lot 
                                described in clause (i) 
                                requests a new appraisal or 
                                peer review under subsection 
                                (c); and
                                  [(II) the base cabin user fee 
                                established as a result of the 
                                appraisal or peer review is 
                                determined to be an amount that 
                                is 90 percent or more of the 
                                fee in effect for the lot as 
                                determined by an appraisal 
                                conducted on or after September 
                                30, 1995,
                        the Secretary shall charge the cabin 
                        owner, in addition to the annual fee 
                        that would otherwise have been due 
                        under section 609, the difference 
                        between the base cabin user fee 
                        determined through the conduct of the 
                        new appraisal or peer review and the 
                        annual fee that would otherwise have 
                        been due under section 609, to be 
                        assessed retroactively for each year 
                        beginning with the year in which the 
                        previous appraisal was conducted, and 
                        to be paid in 3 equal annual 
                        installments.
  [(b) Term.--
          [(1) Lots not appraised since september 30, 1995.--
        For a lot that has not been appraised since September 
        30, 1995, the Secretary shall charge fees in accordance 
        with subsection (a)(2)(A) until--
                  [(A) a base cabin user fee is determined in 
                accordance with--
                          [(i) this title; or
                          [(ii) regulations and policies in 
                        effect on the date of enactment of this 
                        title; and
                  [(B) the right of the cabin owner to a second 
                appraisal under section 610 is exhausted.
          [(2) Lots appraised on or after september 30, 1995.--
        For a lot that has been appraised on or after September 
        30, 1995, the Secretary shall charge fees under 
        subsection (a)(2) until--
                  [(A) the cabin owner requests a new appraisal 
                or peer review, and a base cabin user fee is 
                established, under subsection (c); or
                  [(B) in the absence of a request for a peer 
                review or a new appraisal under subsection (c), 
                the date that is 2 years after the date on 
                which the Forest Service promulgates 
                regulations and policies and develops appraisal 
                guidelines under this title.
  [(c) Request For New Appraisal Under New Law.--
          [(1) In general.--Not later than 2 years after the 
        promulgation of final regulations and policies and the 
        development of appraisal guidelines in accordance with 
        section 606(a)(5), cabin owners that are subject to 
        appraisals completed after September 30, 1995, but 
        before the date of promulgation of final regulations 
        under section 613, may request, in accordance with 
        paragraph (2), that the Secretary--
                  [(A) conduct a new appraisal and determine a 
                new base cabin user fee in accordance with this 
                title; or
                  [(B) commission a peer review of the existing 
                appraisals in accordance with paragraph (4).
          [(2) Appraisal groupings by typical lot.--A request 
        for a new appraisal or for a peer review of existing 
        appraisals under paragraph (1) shall be made by a 
        majority of the cabin owners in a group of cabins 
        represented in the appraisal process by a typical lot.
          [(3) Conduct of new appraisal.--On receipt of a 
        request for an appraisal and fee determination in 
        accordance with paragraph (2), the Secretary shall 
        conduct the new appraisal and fee determination in 
        accordance with this title.
          [(4) Peer review of existing appraisals.--
                  [(A) In general.--On receipt of a request for 
                peer review in accordance with paragraph (2), 
                the Secretary shall obtain from an independent 
                professional appraisal organization a review of 
                the appraisal (including any report on the 
                appraisal) that was used to establish the 
                estimated fee simple value of the lots within 
                the subject grouping.
                  [(B) Inconsistency.--If peer review described 
                in subparagraph (A) results in a determination 
                that an appraisal or appraisal report includes 
                provisions or procedures that were implemented 
                or conducted in a manner inconsistent with this 
                title, the Secretary shall, as appropriate and 
                in accordance with this title--
                          [(i) revise an existing base cabin 
                        user fee; or
                          [(ii) subject to an agreement with 
                        the cabin owners, conduct a new 
                        appraisal and fee determination.
          [(5) Payment of costs.--Cabin owners and the 
        Secretary shall share, in equal proportion, the payment 
        of all reasonable costs of any new appraisal or peer 
        review.
  [(d) Assumption of New Base Cabin User Fee.--In the absence 
of a request under subsection (c) for a new appraisal and fee 
determination from a cabin owner whose cabin user fee was 
determined as a result of an appraisal conducted after 
September 30, 1995, but before the date of promulgation of 
final regulations under section 613, the Secretary may consider 
the base cabin user fee resulting from the appraisal conducted 
between September 30, 1995 and the date of promulgation of the 
final regulations under section 613 to be the base cabin user 
fee that complies with this section.]
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